People v. Smith
| Docket Number | 5-22-0005 |
| Decision Date | 08 November 2023 |
| Citation | 2023 IL App (5th) 220005 U |
| Parties | THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ZACHARY R. SMITH, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).
Appeal from the Circuit Court of Edgar County. No. 21-CF-90 Honorable Steven L. Garst, Judge, presiding.
ORDER
¶ 1 Held: Judgment entered on defendant's conviction of first degree murder affirmed over his claims that the State failed to disprove self-defense, that the trial court abused its discretion in excluding Lynch evidence and failing to comply with Rule 431(b), and that trial counsel rendered ineffective assistance of counsel.
¶ 2 A jury in the trial court of Edgar County found defendant Zachary R. Smith, guilty of first degree murder, and the court sentenced him to 45 years in prison. On appeal defendant raises four primary contentions of error. First, defendant argues that the State failed to prove beyond a reasonable doubt that defendant did not act in self-defense and, alternatively, that this court should reduce his conviction to second degree murder, where he proved his actions were the result of unreasonable self-defense. Second, defendant argues he was denied a fair trial and the right to a complete defense, where the court excluded crucial Lynch evidence of the torture and mistreatment of rabbits by the victim, Matthew Morgan. Third, defendant argues that trial counsel provided ineffective assistance of counsel by failing to request Illinois Pattern Jury Instructions, Criminal, No. 24-25.09X (4th ed. 2000) (hereinafter IPI Criminal 4th) and elicit testimony from defendant regarding his knowledge of victim's mistreatment of rabbits to establish victim's reputation for violence and support defendant's theory of self-defense. Lastly, defendant argues that the court erred by failing to ensure that jurors understood and accepted the four fundamental legal principles outlined in Illinois Supreme Court Rule 431(b) (eff. July 1, 2012). We affirm.
¶ 4 On June 8, 2021, defendant was involved in an altercation with victim, defendant's neighbor. Defendant shot victim during the altercation, and victim died as a result of his injuries. We recite only those facts necessary to our understanding of the case and resolution of this appeal.
¶ 5 On June 10, 2021, the State charged defendant by information with one count of first degree murder in violation of section 9-1(a)(2) of the Criminal Code of 2012 (Code) (720 ILCS 5/9-1(a)(2) (West 2020)), alleging that defendant, without lawful justification, shot victim with a .38-caliber revolver (gun), knowing said act created a strong probability of death or great bodily harm to victim, thereby causing victim's death. The State further alleged that defendant discharged a firearm proximately causing death requiring a 25-year firearm enhancement to be added to the term of imprisonment (730 ILCS 5/5-8-1(a)(1)(d)(iii) (West 2020)), with 3 years of mandatory supervised release (MSR). The circuit court appointed counsel (trial counsel) to represent defendant.
¶ 6 On September 13, 2021, defendant filed a motion in limine asserting self-defense as an affirmative defense and requesting to introduce evidence of victim's alleged aggressive character and reputation for violence pursuant to People v. Lynch, 104 Ill.2d 194 (1984). Defendant sought to present evidence of victim's violent slaughter of hundreds of rabbits to show the aggressive and violent character of victim, and that defendant's knowledge of victim's violent tendencies affected defendant's perceptions of, and reactions to, victim's behavior when defendant shot and killed victim. Defendant also sought to present evidence of defendant's awareness of victim's 2019 battery conviction against victim's mother-in-law, Diana Turner, and a resulting order of protection. Additionally, defendant sought to introduce evidence of a 2014 order of protection that victim's wife, Avery Morgan, sought against victim. To support his claim of self-defense, defendant sought to present evidence of defendant's knowledge of (1) threatening statements victim made in the past, (2) threatening and violent statements victim made during the confrontation that led to the altercation at issue, and (3) the knife victim possessed on his person at the time of the altercation.
¶ 7 On October 8 and October 12, 2021, the trial court held hearings on defendant's motion in limine. The following evidence was presented at the hearings.
¶ 8 The defense first called Tabitha Brewer, defendant's fiancee, who testified to the following. Diana, Avery, Madison Brewer, and her brother, Christopher Brewer, informed Tabitha that victim bit off the ears, broke, burned, and skinned rabbits alive. Tabitha never saw victim abuse animals; however, she saw a rabbit foot and fur behind victim's garage, and Madison showed her pictures of dead rabbits in plastic totes. On cross-examination, Tabitha testified that Avery told Madison who told Tabitha that victim bit off an ear and broke the legs of a rabbit.
¶ 9 Next, the defense called Zane Jayne, Christopher Brewer's friend, who testified to the following. According to Zane, Madison and Christopher found victim high on methamphetamine surrounded by dead rabbits in victim's attic one year before the shooting. Madison and Christopher also told Zane four or five years ago that victim beat Madison's dog.
¶ 10 The defense also called Stephanie Baker, Christopher's mother, who testified to the following. Stephanie testified that victim abused rabbits by maiming and dismembering. Christopher and Madison told Stephanie that they found dead rabbit carcasses in a tote a few years ago.
¶ 11 Lastly, defendant testified that he witnessed victim abuse rabbits one year prior when victim left rabbits outside in the hot sun without food or water. Victim also "bash[ed] some of [the rabbits] off the concrete walkway." Two-and-a-half to three years prior, Madison and Christopher told defendant that victim slaughtered over 100 rabbits in his attic while high on methamphetamine. Three-and-a-half years ago, Christopher, Madison, and Avery told defendant that victim bit off a rabbit's ear and broke its legs. On cross-examination, defendant acknowledged that victim fed his pet python rabbits and also bred rabbits on his property.
¶ 12 Next, the State called Madison, Avery's sister and Christopher's wife, who testified to the following. Avery purchased a reticulated pet python snake three years ago. Avery and victim fed the pet python two to three larger rabbits per week. They usually killed multiple rabbits at one time, feeding one or two rabbits to the pet python and then freezing the remaining rabbits in bags in totes for future feedings. Victim never used a knife to kill the rabbits, although Madison recalled that victim skinned rabbits a few times attempting to cure or tan the hides. According to Madison, victim did not kill rabbits for any reason other than to feed the pet python. Additionally, victim did not abuse rabbits by breaking legs or biting off ears, abuse or torture dogs, and Madison never saw dead rabbit carcasses in the yard or garage. Madison testified that Avery, however, delivered a damaged rabbit to defendant after the pet python bit off an ear and broke the legs of a rabbit. On cross-examination, Madison acknowledged that victim used methamphetamine in the past, however, to her knowledge, victim did not injure rabbits while on methamphetamine. Madison denied that victim beat her dog, testifying that a veterinarian determined that the dog suffered a sprained kneecap ligament after the dog jumped off the bed.
¶ 13 On October 13, 2021, the trial court entered a written order allowing defendant to introduce victim's 2019 battery conviction and accompanying order of protection into evidence, pursuant to Lynch, as evidence of propensity towards violence. The court denied use of a 2014 order of protection as impeachment evidence against Avery, finding the case too remote in time to the June 8, 2021, shooting. The court, pursuant to Lynch, barred any testimony regarding victim's reputation for violence towards rabbits, finding "no correlation existed between killing rabbits, either for pleasure or more likely, to feed Avery Morgan's pet reticulated python, than any alleged propensity for violence toward people by Matthew Morgan." The court, however, allowed defendant to seek reconsideration if he discovered caselaw in support of his request.
¶ 14 On November 1, 2021, defendant filed a second motion in limine, again, asserting self-defense as an affirmative defense and requesting that the trial court bar any evidence of defendant's alleged violent or aggressive character or reputation, unless defendant affirmatively opened the door by testifying about his peaceful character. Shortly thereafter, defendant filed a third motion in limine requesting that the court bar any opinion testimony of witnesses, specifically, that of police officers from Paris, Illinois, as to the potential danger of the knife at the time of the shooting. Following a hearing, the court granted defendant's motions.
¶ 15 On November 12, 2021, the State filed a motion in limine requesting that the trial court bar defendant from referring to allegations regarding victim's abuse killing and/or torture of animals, statements alleging methamphetamine use by victim, and Avery's 2014 order of protection against victim. Following a hearing on the State's motion that day, the court...
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